Judgment reversed, on the law, without costs or disbursements, proceeding dismissed, and petitioner is remanded to the custody of the Superintendent of the Green Haven Correctional Facility.
Absent a violation by appellants of a positive statutory requirement, or a denial of any constitutional rights (neither of which we find here), a refusal to transfer a prisoner to the Elderly and Handicapped Unit at Fishkill is not judicially reviewable (see Matter of Rosati...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
